TY  - JOUR
T1  - Enforced Performance: Scope, Legal and Economic Appropriateness in Iranian and
Anglo-Aamerican Contract Law
AU - Nourani Moghaddam, Seyyed Younes AU - Haji Azizi, Bijan AU - Javad Eyvazi, Mohammad 
JO  - Botany Research Journal
VL  - 13
IS  - 1
SP  - 1
EP  - 8
PY  - 2020
DA  - 2001/08/19
SN  - 1995-4751
DO  - brj.2020.1.8
UR  - https://makhillpublications.co/view-article.php?doi=brj.2020.1.8
KW  - enforced performance
KW  -breach
KW  -obligation
KW  -Contract
KW  -monetary damages
AB  - Enforced performance and Monetary Damages
are the main remedies that legal system provided against
breach of contract to compensate the effects of breach and
protect the contractual rights. Generally, it is said that
Iranian legal system as a general principle provided
Enforced performance of contract for compensating the
breach of contract but the Anglo-American legal system
according to common law tradition, has provided
Monetary damages as the first and main remedy and when
monetary damages is inadequate for compensation and at
the discretion of the court, accepted enforced
performance as exceptional remedy. Considering these
differences, this subject is selected. The aim of this article
is to determine the enforced performance’s exact scope
with considering the limitations and evaluate the
appropriateness of enforced performance, considering the
superiority and objections in this legal system. According
to this study, these legal systems practically move to the
same side and have the same situation because Items such
as the impossibility, abuse of rights, morality and public
order, limited the scope of enforced performance in
Iranian law while resort to enforced performance has
increased in Anglo-American law. Also, despite the
objections to the enforced performance, this method in
the Iranian legal system is appropriate and effective.
ER  -